Porter

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ARTHUR J. PORTER; CHRISTIE L. 

PORTER,

Plaintiffs-Appellees, No. 07-35974 v. D.C. No.

ARTHUR J. OSBORN,  CV-05-00142-

Defendant-Appellant, A-JWS and OPINION

JOSEPH WHITTOM,

Defendant.  Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding

Argued and Submitted August 6, 2008—Anchorage, Alaska

Filed October 20, 2008

Before: Dorothy W. Nelson, A. Wallace Tashima and Raymond C. Fisher, Circuit Judges.

Opinion by Judge Fisher

14579 14582 PORTER v. OSBORN

COUNSEL

Ruth Botstein, Assistant Attorney General, Anchorage, Alaska, for the defendant-appellant.

Mark D. Osterman, Mark D. Osterman Law Office, Kenai, Alaska, for the plaintiffs-appellees.

OPINION

FISHER, Circuit Judge:

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in PORTER v. OSBORN 14583 the course of investigating a suspicious car parked alongside an Alaska highway,…